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In Glynn v. Edo Corp., 710 F.3d 209 (4th Cir. 2013), the Fourth Circuit recently clarified what constitutes “protected activity” under the anti-retaliation provision of the False Claims Act, 31 U.S.C. § 3730 (h)(1). As background, to prove a FCA retaliation claim, a whistleblower must show, inter alia, that he was engaged in “protected activity” Read more →

On May 8, 2013, the Department of Health and Human Services Office of Inspector General (HHS-OIG) released a Special Advisory Opinion regarding Medicare Providers’ obligations to ensure that they do not employ or contract with excluded providers or entities in connection with the provision of Medicare services. The provision against employing or contracting with excluded Read more →

Beginning April 15, 2013, additional documentation limits will be implemented by the Centers for Medicare & Medicaid Services (CMS) for Medicare providers subject to the Medicare Fee-for-Service Recovery Audit Program. More specifically, the maximum documentation requests will be quantified per campus. Campus is defined as one or more facilities under the same Tax Identification Number Read more →

On April 29, 2013, CMS issued a proposed rule that contains a number of measures designed to help curb Medicare fraud, waste, and abuse.  More specifically, the proposed rule would: Increase rewards paid to Medicare beneficiaries and others under the “Incentive Reward Program” whose tips about fraud lead to the recovery of funds; Allow CMS Read more →

The Food and Drug Administration (FDA) issued a safety alert on April 26, 2013 warning health care providers and the public about fraudulent Botox being sold in the United States.  The fraudulent Botox is being peddled to physicians through blast faxes which offer Botox at discount prices.  The faxes list the names of the seller Read more →